Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
AMERICAN EXPRESS NATIONAL BANK INDEX NO.:
Plaintiff, SUMMONS
-against- Plaintiff's Address:
115 W. Towne Ridge Parkway
ALAN LIVINGSTON a/k/a ALAN R LIVINSTON Sandy, UT 84070
JR and SARATOGA RAIL FENCE & SUPPLY, INC. a/k/a
SARATOGA RAIL FENCE
Defendant(s). The Basis of the venue designated is:
Residence of Defendant,
5790 DEPOT RD
VOORHEESVILLE NY 12186
Albany County
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy
of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiff's attorney within twenty days after the service of this summons,
exclusive of the day of service, or within thirty days after completion of service where service is
made in any other manner than by personal delivery within the state. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint. The basis of venue is the defendant's residence. Plaintiff designates Albany County
as the place of trial.
Dated:
DOYLE HOEFS, LLC
Mic ael J. oefs, Esq.
my F. Doyle, Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Contact@doylehoefs.com
Attorneys for Plaintiff
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S.UPREME COÒRT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
AMERICAN EXPRESS NATIONAL BANK Index No.:
Plaintiff,
-against-
ALAN LIVINGSTON a/k/a ALAN R LIVINSTON
JR and
SARATOGA RAIL FENCE & SUPPLY, INC. a/k/a
SARATOGA RAIL FENCE
Defendant(s).
COMPLAINT
Plaintiff, American Express National Bank ("Plaintiff") by its attorneys, Doyle & Hoefs,
LLC, as and for its complaint herein against Defendants, Alan Livii1gston a/k/a.Alan R Livinston
Jr and Saratoga Rail Fence & Supply, Inc. a/k/a Saratoga Rail Fence ("Defendants"), hereby
allege as follows:
1. At all relevant times, Plaintiff is a national bank organized under the laws of the United
States, with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070.
2. Plaintiff is the original creditor.
3. Upon information and belief, at all relevant times Defendant was and is an individual
residing in the County of Albany in the State of New York.
4. Upon information and belief, at all relevant times Company Defendant was and is a
domestic business corporation'with a place of business located in the State of New York
. 5. Plaintiff designates Albany County as the place of trial.
6. At all relevant times Defendants were the holder of a Credit Card (the "Credit Card")
issued by Plaintiff that enabled Defeildants to charge items to an Account number
currently ending in ***********1000 (the "Account").
7. The last four digits of the Account number did not change from the date of statement
a purchase last payment or balance transfer to the date of charge-
recording transaction,
off.
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8. The last payment made by Defendants on the Account was on or about September 13,
2023 in the amount of $200.00.
9. $9,943.35 was the Account balance printed on September 13, 2023 monthly statement
which is the most recent monthly statement recording a purchase transaction, last
payment or balance transfer.
10. The Account is a revolving credit account.
11. The Account is not charged-off.
12. At all relevant times Defendants were the holder of the Account, and thus is responsible
for paying all amounts charged to the Account.
13. By accepting and using the Credit Card, Defendants agreed to all of the terms and
conditions set forth in the Cardmember Agreement (the "Agreement"). The Agreement is
attached hereto.
14. Plaintiff sent and Defendants received the Agreement when Defendants received the
Credit Card.
15. Defendants used the Credit Card to charge various items to the Account for which
payment was not made.
16. Plaintiff sent or otherwise made available monthly statements (the "Statements") to
Defendants for the Account, which showed the amount due on the Account.
17. Defendants failed and refused to make the payments to Plaintiff as set forth in the
Statements. As a result, Plaintiff suspended the charge privileges on the Account of
Defendants.
18. The current balance as of the date of this complaint with respect to the Account owed by
Defendants to Plaintiff is $10,818.98.
AND AS FOR THE FIRST CAUSE OF ACTION
Breach of Contract (Defendant)
19. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 18 of this complaint as though fully set forth at length herein.
20. In violation of the Agreement requiring payment in full of the amount due on the Account
Defendant has failed and refused to make the payments to Plaintiff as set forth in the
Statements. As a result, Plaintiff suspended the charge privileges on the Account of
Defendant. . .
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21. Defendant agreed to pay for all items charged to the Account. In addition Defendant
agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside
attorneys for collection.
22. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the
amount of $10,818.98.
23. Despite Due demand Defendant has failed and refused to pay any portion of the amount
due and owing.
24. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach
of contract in the sum of $10,818.98, in addition or any court costs.
AND AS FOR A SECOND CAUSE OF ACTION
Un just Enrichment (Defendant)
25. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 24 of this complaint as though fully set forth at Jength herein.
26. Defendant benefitted frontall of the charges made to the Account, has acknowledged
receipt of those benefits, and has failed to pay for same. .
27. Given the failure of Defendant to make payment for the outstanding balance owed with
respect to the Account, and the fact that Defendant was the beneficiary of all items
charged to the Account, Defendant would be unjustly enriched to Plaintiffs detriment
unless judgment is entered for the full balance due and owing on the Account.
28. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust
enrichment in an amount to be determined at trial, in addition to any court costs.
AND AS FOR THE THIRD CAUSE OF ACTION
Breach of Contract (CompanyDefendant)
29. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 28 of this complaint as though fully set forth at length herein.
30. In violation of the Âgreement requiring payment in full of the amount due on the
Account, Company Defendant has failed and refused to make the payments to Plaintiff as
set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the
Account of Company Defendant.
31. Company Defendant agreed to pay for all items charged to the Account. In addition
Company Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the
Account to outside attorneys for collection.
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32. As set forth above, Company Defendant is currently indeoted to Plaintiff for unpaid
charges in the amount of $10,818.98.
33. Despite Due demand Company Defendant has failed and refused to pay any portion of the
amount due and owing.
34. By reason of the foregoing, Plaintiff is entitled to judgment against Company Defendant
for breach of contract in the sum of $10,818.98, in addition or any dourt costs.
AND AS FOR A FOURTH CAUSE OF ACTION
Un just Enrichment (Company Defendant)
35. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 34 of this complaint as though fully set forth at length herein.
36. Company Defendant benefitted from all of the charges made to the Account, has
acknowledged receipt of those benefits, and has failed to pay for same.
37. Given the failure of Company Defendant to make payment for the outstanding balance
owed with respect to the Account, and the fact that Company Defendant was the
beneficiary of all items charged to the Account, Company Defendant would be unjustly
enriched to Plaintiff s detriment unless judgment is entered for the full balance due and
owing on the Account.
38. By reason of the foregoing, Plaintiff is entitled to judgment against Company Defendant
for unjust enrichment in an amount to be determined at trial, in addition to any court
costs.
....
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WHEREFORE, Plaintiff requests judgment against Defendants as follows:
A. On the first cause of action of the complaint, Plaintiff requests judgment in the
sum of $10,818.98, plus court costs;
B. On the second cause of action of the complaint, Plaintiff requests judgment in an
amount to be determined at trial plus court costs;
C. On the third cause of action of the complaint, Plaintiff requests judgment in the
sum of $10,818.98, plus court costs;
D. On the fourth cause of action of the complaint, Plaintiff requests judgment in an
amount to be determined at trial plus court costs;
E. For such other and further relief as this Court deems just and proper.
Dated:
DOYLE & HOEFS, LLC
By:
Michael J. Hoefs, Esq.
F. Doyle, Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Attorneys for Plaintiff
This communication is from a debt collector.
Reference No.: 23173054
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
AMERICAN EXPRESS NATIONAL BANK
.
Plaintiff/Petitioner,
-against- Index No.:
ALAN LIVINGSTON
a/k/a ALAN R LIVINSTON JR and
SARATOGA RAll FENCE & SUPPLY, INC.
a/k/a SARATOGA RAll FENCE
Defendant(s).
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has-filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
" If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
" If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a scanner
or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
" serving and filing your documents electronically
" free access toview and print your e-filed documents
" limiting your number of trips to the courthouse
" paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court
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contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the NYSCEF
website www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated:
/s/ Amy F. Doyle, Esq.
Name 2043 SPRINGWOOD RD
DOYLE & HOEFS, LLC YORK, PA 17403
Firm Name Address
833-247-6258
Phone
COURTS@DOYLEHOEFS.COM
E-Mail
To: ALAN LIVINGSTON SARATOGA RAll FENCE & SUPPLY, INC.
STATE***
5790 DEPOT RD ***SERVE VIA SECRETARY OF
VOORHEESVILLE NY 12186
Reference No.: 23173054
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Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY AMERICAN EXPRESS NATIONAL BANK INDEX NO.: Plaintiff, SUMMONS -against- Plaintiff's Address: 115 W. Towne Ridge Parkway ALAN LIVINGSTON a/k/a ALAN R LIVINSTON Sandy, UT 84070 JR and SARATOGA RAIL FENCE & SUPPLY, INC. a/k/a SARATOGA RAIL FENCE Defendant(s). The Basis of the venue designated is: Residence of Defendant, 5790 DEPOT RD VOORHEESVILLE NY 12186 Albany County TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after completion of service where service is made in any other manner than by personal delivery within the state. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the defendant's residence. Plaintiff designates Albany County as the place of trial. Dated: DOYLE HOEFS, LLC Mic ael J. oefs, Esq. my F. Doyle, Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Contact@doylehoefs.com Attorneys for Plaintiff EFM-1 1 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 S.UPREME COÒRT OF THE STATE OF NEW YORK COUNTY OF ALBANY AMERICAN EXPRESS NATIONAL BANK Index No.: Plaintiff, -against- ALAN LIVINGSTON a/k/a ALAN R LIVINSTON JR and SARATOGA RAIL FENCE & SUPPLY, INC. a/k/a SARATOGA RAIL FENCE Defendant(s). COMPLAINT Plaintiff, American Express National Bank ("Plaintiff") by its attorneys, Doyle & Hoefs, LLC, as and for its complaint herein against Defendants, Alan Livii1gston a/k/a.Alan R Livinston Jr and Saratoga Rail Fence & Supply, Inc. a/k/a Saratoga Rail Fence ("Defendants"), hereby allege as follows: 1. At all relevant times, Plaintiff is a national bank organized under the laws of the United States, with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070. 2. Plaintiff is the original creditor. 3. Upon information and belief, at all relevant times Defendant was and is an individual residing in the County of Albany in the State of New York. 4. Upon information and belief, at all relevant times Company Defendant was and is a domestic business corporation'with a place of business located in the State of New York . 5. Plaintiff designates Albany County as the place of trial. 6. At all relevant times Defendants were the holder of a Credit Card (the "Credit Card") issued by Plaintiff that enabled Defeildants to charge items to an Account number currently ending in ***********1000 (the "Account"). 7. The last four digits of the Account number did not change from the date of statement a purchase last payment or balance transfer to the date of charge- recording transaction, off. 2 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 8. The last payment made by Defendants on the Account was on or about September 13, 2023 in the amount of $200.00. 9. $9,943.35 was the Account balance printed on September 13, 2023 monthly statement which is the most recent monthly statement recording a purchase transaction, last payment or balance transfer. 10. The Account is a revolving credit account. 11. The Account is not charged-off. 12. At all relevant times Defendants were the holder of the Account, and thus is responsible for paying all amounts charged to the Account. 13. By accepting and using the Credit Card, Defendants agreed to all of the terms and conditions set forth in the Cardmember Agreement (the "Agreement"). The Agreement is attached hereto. 14. Plaintiff sent and Defendants received the Agreement when Defendants received the Credit Card. 15. Defendants used the Credit Card to charge various items to the Account for which payment was not made. 16. Plaintiff sent or otherwise made available monthly statements (the "Statements") to Defendants for the Account, which showed the amount due on the Account. 17. Defendants failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Account of Defendants. 18. The current balance as of the date of this complaint with respect to the Account owed by Defendants to Plaintiff is $10,818.98. AND AS FOR THE FIRST CAUSE OF ACTION Breach of Contract (Defendant) 19. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 18 of this complaint as though fully set forth at length herein. 20. In violation of the Agreement requiring payment in full of the amount due on the Account Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Account of Defendant. . . 3 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 21. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 22. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount of $10,818.98. 23. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and owing. 24. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of contract in the sum of $10,818.98, in addition or any court costs. AND AS FOR A SECOND CAUSE OF ACTION Un just Enrichment (Defendant) 25. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 24 of this complaint as though fully set forth at Jength herein. 26. Defendant benefitted frontall of the charges made to the Account, has acknowledged receipt of those benefits, and has failed to pay for same. . 27. Given the failure of Defendant to make payment for the outstanding balance owed with respect to the Account, and the fact that Defendant was the beneficiary of all items charged to the Account, Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full balance due and owing on the Account. 28. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. AND AS FOR THE THIRD CAUSE OF ACTION Breach of Contract (CompanyDefendant) 29. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 28 of this complaint as though fully set forth at length herein. 30. In violation of the Âgreement requiring payment in full of the amount due on the Account, Company Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Account of Company Defendant. 31. Company Defendant agreed to pay for all items charged to the Account. In addition Company Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 4 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 32. As set forth above, Company Defendant is currently indeoted to Plaintiff for unpaid charges in the amount of $10,818.98. 33. Despite Due demand Company Defendant has failed and refused to pay any portion of the amount due and owing. 34. By reason of the foregoing, Plaintiff is entitled to judgment against Company Defendant for breach of contract in the sum of $10,818.98, in addition or any dourt costs. AND AS FOR A FOURTH CAUSE OF ACTION Un just Enrichment (Company Defendant) 35. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 34 of this complaint as though fully set forth at length herein. 36. Company Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of those benefits, and has failed to pay for same. 37. Given the failure of Company Defendant to make payment for the outstanding balance owed with respect to the Account, and the fact that Company Defendant was the beneficiary of all items charged to the Account, Company Defendant would be unjustly enriched to Plaintiff s detriment unless judgment is entered for the full balance due and owing on the Account. 38. By reason of the foregoing, Plaintiff is entitled to judgment against Company Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. .... 5 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 WHEREFORE, Plaintiff requests judgment against Defendants as follows: A. On the first cause of action of the complaint, Plaintiff requests judgment in the sum of $10,818.98, plus court costs; B. On the second cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; C. On the third cause of action of the complaint, Plaintiff requests judgment in the sum of $10,818.98, plus court costs; D. On the fourth cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; E. For such other and further relief as this Court deems just and proper. Dated: DOYLE & HOEFS, LLC By: Michael J. Hoefs, Esq. F. Doyle, Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Attorneys for Plaintiff This communication is from a debt collector. Reference No.: 23173054 6 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY AMERICAN EXPRESS NATIONAL BANK . Plaintiff/Petitioner, -against- Index No.: ALAN LIVINGSTON a/k/a ALAN R LIVINSTON JR and SARATOGA RAll FENCE & SUPPLY, INC. a/k/a SARATOGA RAll FENCE Defendant(s). NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has-filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. " If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). " If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " serving and filing your documents electronically " free access toview and print your e-filed documents " limiting your number of trips to the courthouse " paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court EFM-1 7 of 8 FILED: ALBANY COUNTY CLERK 02/21/2024 10:30 AM INDEX NO. 901867-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF website www.nycourts.gov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: /s/ Amy F. Doyle, Esq. Name 2043 SPRINGWOOD RD DOYLE & HOEFS, LLC YORK, PA 17403 Firm Name Address 833-247-6258 Phone COURTS@DOYLEHOEFS.COM E-Mail To: ALAN LIVINGSTON SARATOGA RAll FENCE & SUPPLY, INC. STATE*** 5790 DEPOT RD ***SERVE VIA SECRETARY OF VOORHEESVILLE NY 12186 Reference No.: 23173054 EFM-1 8 of 8